GSK Secures $320 Million Windfall Despite Failing to Launch Its Own mRNA Vaccine
GSK
Pharmaceutical R&D Manufacturer
CureVac
mRNA Drug Developer
A dispute between vaccine giants has finally been settled.
On August 8, global vaccine giants including BioNTech, GSK, and CureVac announced that the parties had reached a settlement agreement on mRNA vaccine patents. This dispute had lasted for three years and was highly complex.Mainly involved are Pfizer/BioNTech's COVID-19 vaccine, along with GSK and CureVac, totaling four companies implicated.
This lawsuit involves four enterprises, all of which are representative companies in the global vaccine industry and have invested in the development of mRNA COVID-19 vaccines during the global outbreak of COVID-19. In 2021, the COVID-19 vaccine developed by Pfizer/BioNTech generated sales exceeding 36 billion US dollars. However, CureVacBelieveBioNTechGSK, which is tied to CureVac on the same thread, has allegedly misappropriated its core technology in vaccine development.
GSK Easy Earnings
At the beginning of 2020, the world was shrouded in the storm of the COVID-19 pandemic, with major companies actively engaged in the development of COVID-19 vaccines. In 2020, GSK and CureVac reached a cooperation agreement to jointly develop an mRNA-based COVID-19 vaccine.GSK paid CureVac a prepayment of 104 million pounds and also invested in CureVac, holding approximately 10% of the company's shares.
Unexpectedly, GSK made the wrong bet.CureVac's mRNA COVID-19 vaccine was not successful., their competitors crossed the finish line one after another. At the end of 2020, Moderna and BioNTech/Pfizer's COVID-19 vaccines were successively approved for marketing. However, CureVac's first-generation mRNA COVID-19 vaccine was terminated in its Phase III clinical trial due to insufficient immunogenicity and a much lower efficacy rate compared to Pfizer’s vaccine.
However, CureVac soon restarted with a new mRNA candidate vaccine, stabilizing GSK's trust. In July 2024,GSK Spent Approximately $1.4 Billion to Acquire Global Development, Production, and Sales Rights for mRNA Vaccines Against COVID-19, Influenza, etc., from CureVac.
Since 2022, CureVac has sued BioNTech, claiming that the latter misappropriated several core technologies, including its mRNA molecule stability modification and COVID-19 vaccine formulation. In an interview, CureVac's CEO expressed his "generosity," stating that one of their intellectual properties had already been used. However, due to the pandemic, the company did not oppose its use. The current lawsuit was filed "in the hope that this contribution will be recognized."
This intellectual property dispute has finally come to a temporary conclusion. Ultimately,CureVac also failed to develop an mRNA COVID-19 vaccine,But through the settlement agreement, GSK still earned a whopping $320 million.
The Patent Hunt and Defense of Multinational Pharmaceutical Companies
mRNA is a popular track in vaccine development, and the patent battles between pharmaceutical giants have never ceased. GSK has always been aggressive in its patent litigations, which cover various types including COVID-19 vaccines and RSV vaccines, launching heavy attacks against several vaccine giants.
Last April, GSK joined the patent siege against Pfizer's COVID-19 vaccine, accusing it of infringing on its own mRNA technology patent. This patented technology originated from research by Novartis scientists and primarily involves a method to protect mRNA molecules and deliver them into human cells. GSK acquired this patent when it purchased Novartis' vaccine business in 2015. In October of the same year, GSK also filed a lawsuit against Moderna.
In the litigation,GSK claims that Pfizer and BioNTech's COVID-19 vaccine infringes on five of its patents in the U.S.,These two companies have made billions of dollars in profits without obtaining permission. GSK stated that even though CureVac has reached a settlement with Pfizer/BioNTech, GSK can still file additional patent lawsuits against Pfizer and BioNTech in the United States and Europe.
In response to a series of patent risks, BioNTech is considering acquiring CureVac in addition to defending the lawsuit.In June this year, BioNTech announced the official acquisition of all shares of CureVac for $1.25 billion.Strengthening its mRNA cancer immunotherapy R&D capabilities. Two former rivals have become partners. This change has made GSK quite nervous. Fortunately, the final settlement was in GSK's favor.
According to the agreement, CureVac granted BioNTech and Pfizer non-exclusive licenses simultaneously, allowing them to manufacture, use, import, and sell mRNA-based COVID-19 and flu products in the United States. With the market for COVID-19 vaccines no longer thriving, this license can only be considered a consolation prize.GSK Wins $320 Million Lawsuit, Becoming the Biggest Winner in This Case.
By reporter Yang Xixia
Editor: Jiang Yun, Jia Ting
Operation | Chenxi
Illustration | Visual China
Statement: Original content by Jian Shi Ju, please do not reprint without permission.
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